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HomeMy WebLinkAbout20180702 Ver 1_Buffer and/or Stream Determination_20171120+ . 5 Water Resources Environmental Quality Laurelton Village Inc Attn: Kristin Foust 1851 S Main St Graham NC 27253 Subject Property: Dear Ms. Foust: November 20, 2017 Laurelton Village Lots 9-11, 2225 Lacy Holt Rd Alamance County Parcel# 130050 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On November 1, 2017, I conducted a site visit with to review a stream feature on the above property at your request. You were present during the site visit. During the site visit you indicated that Parcel # 130050 had recently been subdivided into 3 lots (9, 10, & 11). This letter is to inform you that during the site inspection it was determined that the feature that flows through the three referenced lots was determined to be an intermittent stream near the lot line between lots 10 and 11. The exact location of the start of the intermittent stream was flagged with yellow DWQ tape and you indicated that you would have a surveyor identify the exact location for lot maps/plats. The attached aerial map shows the approximate location of the stream that was identified during the site visit. During the site visit we discussed that any activity (e.g. driveway culvert) which would impact this stream would require permits from the US Army Corps of Engineers and the Division of Water Resources (DWR). We also discussed that this feature is subject to the Jordan Buffer rules and therefore has a 50 foot protected along both sides of the stream as well as in an arc around the start point of the stream. Any activity within the protected buffer would require buffer approval by DWR. Please note that there may be other streams or wetlands present on the property that were not reviewed at the time of our site visit. Should you wish to proceed with any activity that may directly, or indirectly, impact streams in the future, you should contact me at that time and I would be happy to provide further guidance as needed. This on-site determination shall expire five (5) years from the date of this letter. State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 Community Baptist Church Page 2 Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR, 401 Oversight/Express Review Permitting Unit, 1650 Mail Service Center, Raleigh NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. If you have any additional questions or require additional information please contact me at 336- 776-9693 or sue.homewood@ncdenr.gov Sincerely, Sue Homewood DWR Winston-Salem Regional Office Enclosures: Aerial of Property with Stream identified cc: David Bailey, USACE Raleigh Regulatory Field Office (via email) City of Graham, c/o Josh Johnson, AWCK (via email) DWR, Winston-Salem Regional Office o Fo`9 O� c`da\ 4� mow` Ot 1aa� O r Approximate location of start of intermittent stream I .